Barley v. Hoges , 54 F. App'x 162 ( 2003 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7697
ELMER BARLEY,
Petitioner - Appellant,
versus
DEBORAH E. HOGES, Clerk of Court, Campbell
County, Virginia,
Respondent - Appellee.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. James C. Turk, Senior District
Judge. (CA-02-723-7)
Submitted: December 19, 2002 Decided: January 7, 2003
Before WILKINS and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Elmer Barley, Appellant Pro Se. Thomas Drummond Bagwell, Assistant
Attorney General, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Elmer Barley seeks to appeal the district court’s order
denying relief on his petition filed under 28 U.S.C. § 2254 (2000).
An appeal may not be taken from the final order in a habeas corpus
proceeding unless a circuit justice or judge issues a certificate
of appealability. 28 U.S.C. § 2253(c)(1) (2000). A certificate of
appealability will not issue for claims addressed by a district
court on the merits absent “a substantial showing of the denial of
a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000). As to
claims dismissed by a district court solely on procedural grounds,
a certificate of appealability will not issue unless the petitioner
can demonstrate both “(1) ‘that jurists of reason would find it
debatable whether the petition states a valid claim of the denial
of a constitutional right’ and (2) ‘that jurists of reason would
find it debatable whether the district court was correct in its
procedural ruling.’” Rose v. Lee, 252 F.3d 676, 684 (4th Cir.)
(quoting Slack v. McDaniel, 529 U.S. 473, 484 (2000)), cert.
denied, 122 S. Ct. 318 (2001). We have reviewed the record and
conclude for the reasons stated by the district court that Barley
has not satisfied either standard. See Barley v. Hoges, No. CA-02-
723-7 (W.D. Va. Oct. 21, 2002). Accordingly, we deny a certificate
of appealability and dismiss the appeal. We dispense with oral
argument because the facts and legal contentions are adequately
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presented in the materials before the court and argument would not
aid the decisional process.
DISMISSED
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